Written Answers Tuesday 15 January 2008

Scottish Executive

Economy

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive whether it considers The Government Economic Strategy to be a financial plan.

John Swinney: The Government Economic Strategy sets out the framework for the delivery of this Government’s overarching purpose of increasing sustainable economic growth.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive whether it has transposed the EU directive on environmental liability into Scots Law and, if not, when it expects to do so.

Michael Russell: The EU directive on environmental liability has not yet been transposed into Scots Law, although I expect to consult shortly on legislation which will transpose the directive later in the year.

  Last year’s public consultation on principles and policy for transposition, and a summary of the responses, are published on the Scottish Government website.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive whether it considers, in the absence of transposition, that the EU directive on environmental liability has direct effect in Scotland.

Michael Russell: The EU directive on environmental liability is addressed to member states and the Scottish Government is engaged in the necessary process of consulting stakeholders on its implementation in Scotland. Following an initial consultation last year on principles and policy, I expect to consult shortly on draft regulations to transpose the directive.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive whether any species or habitat types protected by the EU directive on environmental liability are present within the Foveran Links Site of Special Scientific Interest and, if so, whether it will list each species or type.

Michael Russell: The natural habitats listed in Annex I of the Habitats Directive and the species listed in Annexes II and IV of the Habitats Directive are (inter alia) included within the definition of "protected species and natural habitats" in the Environmental Liability Directive.

  The following Annex I habitats listed in the EC Habitats Directive are present on the Foveran Links SSSI.

  2120 Shifting dunes along the shoreline with Ammophila arenaria.

  2130 Fixed dunes with herbaceous vegetation ("grey dunes").

  2140 Decalcified fixed dunes with Empetrum nigrum.

  2190 Humid dune slacks.

  Scottish Natural Heritage has reported that there is no evidence of any protected species permanently present on the SSSI.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive what the total area is in Scotland of each of the types of dune habitat set out in Annex 1 of the EU habitats directive; what information it has on the total areas of each such habitat in (a) England, (b) Wales and (c) Northern Ireland, and which of these habitat types are present on the Foveran Links Site of Special Scientific Interest.

Michael Russell: The information requested is set out in the following table.

  

 Type of Dune Habitat
 Area of Extent in Scotland (ha)
 Area of Extent in England (ha)
Area of Extent in Wales(ha)
 Area of Extent in Northern Ireland (ha)
 Present at Foveran Links


 2110 Embryonic shifting dunes
 90
 100
 100
 5
 no


 2120 Shifting dunes along the shoreline with Ammophila arenaria 
 950
 780
 480
 10
 yes


 2130 Fixed dunes with herbaceous vegetation ("grey dunes")
 14,900
 3,900
 2,700
 800
 yes


 2140 Decalcified fixed dunes with Empetrum nigrum
 375
 not present
 not present
 not present
 yes


 2150 Atlantic decalcified fixed dunes (Calluno-Ulicetea)
 550
 190
 40
 120
 yes


 2160 Dunes with Hippophae rhamnoides
 80 (introduced)
 235
 introduced
 introduced
 no


 2170 Dunes with Salix repens ssp. Argentea (salicion arenariae)
 170
 230
 230
 12
 no


 2190 Humid dune slacks
 1,200
 200
 390
 22
 yes


 21A0 Machairs
 13,300
 not present
 not present
 not present
 no


 2250 Coastal dunes with Juniperus spp.
 20
 not present
 not present
 not present
 no



  The data presented for Scotland comes from the most recent dune survey (Dargie, TCD. (2000) Sand Dune Vegetation Survey of Scotland: National Report. 2 vols. Scottish Natural Heritage, Battleby).

  Data on representation for all UK has been compiled by the Joint Nature Conservation Committee (JNCC) in the Second Report by the United Kingdom under Article 17 of the EC Habitats Directive. JNCC consulted on the draft report in 2007.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many golf courses there are in Scotland; what total area of land such courses occupy; what the total area is of sand dune habitats of a type listed in Annex 1 of the EU habitats directive, and what proportion of this area is classified as part of a special area of conservation.

Michael Russell: The Scottish Government does not hold information on the number, area and distribution of golf courses in Scotland.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive what information it has on the total areas in (a) England, (b) Wales and (c) Northern Ireland of sand dune habitats of a type listed in Annex 1 of the EU habitats directive and what proportions of these areas are classified as part of a special area of conservation.

Michael Russell: Information on the total areas of sand dune habitats is provided in the answer to question S3W-7761 on 15 January 2008. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at Questions & Answers Search .

  Information on the representation of these habitats in SAC in England, Wales and Northern Ireland is provided on the Joint Nature Conservation Committee website http://www.jncc.gov.uk/page-1461.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many special areas of conservation contain "decalcified fixed dunes with Empetrum nigrum "; what the total extent of this habitat type is in Scotland, and what proportion of the extent of such habitat type in (a) Scotland and (b) the United Kingdom as a whole is classified as part of a special area of conservation (SAC), showing the names of each SAC.

Michael Russell: There are two SACs containing this habitat type in Scotland (and UK). Figures for the total known UK extent are provided in the table contained in the answer to question S3W-7761 on 15 January 2008. 37.7 hectares (10% of the known UK resource) are designated within the Dornoch Firth and Morrich More SAC and 241.6 hectares (64.3% of the known UK resource) are designated in the Sands of Forvie SAC.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at Questions & Answers Search.

Environment

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive whether the European Commission has indicated its satisfaction with the extent of EU habitats directive Annex 1 dune habitats proposed for classification as special areas of conservation in (a) Scotland and (b) the United Kingdom as a whole and, if not, what communications it has had with the European Commission on this matter.

Michael Russell: The Official Journal of the European Union records that on the basis of available information and in accordance with the criteria for selecting sites (including range representation at a UK scale), UK representation for dune habitats is satisfactory. The journal can be viewed at:   http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_387/l_38720041229en00010096.pdf .

Environmental Assessment (Scotland) Act 2005

Robin Harper (Lothians) (Green): To ask the Scottish Executive, further to the answer to question S3O-1612 by John Swinney on 13 December 2007, what section of the Environmental Assessment (Scotland) Act 2005 provides it with the discretion to apply the judgment on strategic environmental assessments.

John Swinney: In line with the provisions of the Environmental Assessment (Scotland) Act (2005), consideration was given to whether the Government Economic Strategy would be the most effective point to conduct a Strategic Environmental Assessment. While there are no discretionary powers for Scottish ministers, the act indicates that, in order to avoid duplication, consideration must be given to whether such assessments should be more appropriately deployed at different levels.

  Duplication would inevitably occur if the Government Economic Strategy – as a high-level framework - was subjected to a Strategic Environmental Assessment. We have a robust process in place for conducting Strategic Environmental Assessments and this will ensure that assessments are conducted, where required, on the successive sub-strategies and policies which support the Government Economic Strategy’s delivery. Ultimately, this will lead to a more meaningful assessment of the individual environmental impacts, rather than the more generic potential impact, of the Government Economic Strategy.

Foot-and-Mouth Disease

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): To ask the Scottish Executive whether it will compensate the Scottish pig industry for financial losses resulting from the August and September 2007 foot-and-mouth disease outbreaks.

Richard Lochhead: The pig sector will benefit from the additional funding being made available by the Scottish Government to develop market resilience throughout the red meat sector following the August and September outbreaks of foot-and-mouth disease. In addition, we have welcomed European Commission decisions to extend export refunds to the pig meat sector and to suspend cereal import duties. We are in continuing dialogue with the industry about the significant challenges it is facing.

Fuel Poverty

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it will reconvene the Scottish Fuel Poverty Forum.

Stewart Maxwell: I am currently carrying out a review of fuel poverty programmes. As part of this review, I will consider what would be the most appropriate avenue for stakeholder engagement.

Fuel Poverty

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive when the full Scottish Fuel Poverty Forum last met.

Stewart Maxwell: The forum last met on 20 June 2006.

Fuel Poverty

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what further action it will take to combat fuel poverty.

Stewart Maxwell: We have allocated £45.9 million in each of the years 2008-11 to fuel poverty programmes. I am currently reviewing these programmes to ensure they are still fit for purpose and serve the needs of the people of Scotland.

Higher Education

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how it will monitor the success of widening access to university programmes over the next year.

Fiona Hyslop: The Scottish Government is fully committed to ensuring that access to higher education is available to all on the basis of ability to learn rather than ability to pay. There are already a number of access initiatives in place both by individual institutions and collaboratively through the regional widening access forums and other programmes.

  Progress on widening access is measured over time through the Higher Education Statistics Agency’s annual performance indicators showing the proportion of students from low participation groups in each higher education institution. Additionally, for the first time this year, the Scottish Government published data on entrants to higher education by areas of deprivation which, over time, will allow us to measure whether there has been any improvement in the figures.

  Development of widening access policy is being driven by the Scottish Further and Higher Education Funding Council following the publication of its Learning for All report in 2005. The council developed an action plan which is reviewed regularly by a National Action Group. The council also holds an annual conference of key stakeholders at which progress is reported and actions for the future are identified. This provides an opportunity to influence the development of widening access policies and priorities.

Higher Education

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it considers that every Scottish university should be involved in the work to widen access to higher education.

Fiona Hyslop: All higher education institutions are already involved in work to widen access. The government both supports and expects this. Each institution is active in promoting access initiatives in accordance with its own priorities. Additionally, each institution is represented on its local Widening Access Forum which determines local priorities for collaborative projects to widen participation by under-represented groups of the population.

Higher Education

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it considers that every Scottish university should be encouraged to operate widening access schemes.

Fiona Hyslop: The Scottish Government is fully committed to widening access to all of our higher education institutions for everyone who has the ability to benefit. This is a commitment that is shared by all our higher education institutions and each has programmes and activities to encourage participation by under-represented groups.

  Greater access can be achieved in a variety of ways, through raising aspiration, by outreach to under-represented groups in the population and by creating opportunities for articulation from one level of study to another. There are many examples of widening access activity by individual institutions and by institutions working collaboratively through the Widening Access Forums and other programmes.

Homelessness

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether all unintentionally homeless households will be entitled to permanent accommodation by 2012.

Stewart Maxwell: The Homelessness etc (Scotland) Act 2003 incorporates a target that the distinction between homeless households assessed as having a priority need for accommodation and those who are assessed as "non-priority" will be removed by 2012. The Scottish Government is committed to achieving this target.

  If the target is achieved, unintentionally homeless households will generally be entitled to permanent accommodation as defined by the homelessness legislation. Section 32A of the Housing (Scotland) Act 1987 allows for Scottish ministers to prescribe circumstances in which permanent accommodation need not be provided. These circumstances are currently set out in the Homeless Person Interim Accommodation (Scotland) Regulations 2002. A consultation on amendments to these Regulations will take place later this year.

  The Homelessness Monitoring Group will publish a report on the situation as regards the 2012 target and future capacity for progress later this year.

Justice

Karen Gillon (Clydesdale) (Lab): To ask the Scottish Executive whether it believes that the forthcoming Criminal Justice Bill should include provisions to strengthen the law on corporate culpable homicide.

Kenny MacAskill: The government’s legislative programme for future years will be announced in due course. As set out in my answer to question S3O-1344 on 22 November 2008, we have no plans to change the common law on culpable homicide. We consider that the Corporate Manslaughter and Corporate Homicide Act 2007 address the problem identified by the Transco case. The act sends a robust message to organisations that failures to meet their duty of care to employees and the public will not be tolerated. The act comes into force in April, and our priority is to ensure its successful implementation.

Justice

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive what progress has been made with the Home Office in obtaining the appropriate technology to detect people driving under the influence of drugs.

Kenny MacAskill: Policy and legislation on driving whilst under the influence of drugs is reserved.

  Home Office officials have advised that plans to issue a specification for the technology in December have been delayed. They are hopeful that discussions underway will enable the guidance to be issued in the coming weeks.

Ministerial Code

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-6782 by Bruce Crawford on 3 December 2007, what the likely date of publication is for the revised version of the Scottish Ministerial Code.

Bruce Crawford: I refer the member to the answer to question S3W-7755 on 20 December 2007. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at Questions & Answers Search .

NHS Finance

Ross Finnie (West of Scotland) (LD): To ask the Scottish Executive how much VAT was paid by NHS Scotland on contracted-out services in each of the last three years, broken down by NHS board.

Nicola Sturgeon: This information is not held centrally.

NHS Finance

Ross Finnie (West of Scotland) (LD): To ask the Scottish Executive how much VAT was paid by NHS Scotland for the supply of academic staff by universities to NHS boards for clinical services in each of the last three years, broken down by board.

Nicola Sturgeon: This information is not held centrally. However, you should be aware that we are about to agree a Memorandum of Understanding in Scotland which clarifies these supplies as being outside the scope of VAT.

NHS Finance

Ross Finnie (West of Scotland) (LD): To ask the Scottish Executive how much has been provided in each of the next three years of the spending review for the payment of VAT on the supply to staff to NHS Scotland and under which budget heading.

Nicola Sturgeon: No specific amount is provided in the spending review for the payment of VAT on the supply of staff to NHS Scotland.

NHS Waiting Times

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive, given its commitment to include audiology in the waiting times guarantee of 18 weeks by 2011, what interim targets have been set for NHS boards, also showing the current audiology waiting times in each board.

Nicola Sturgeon: We are confident that the new 18 week patient journey target will delivered by 2011. While no interim targets have yet been agreed, such targets will be agreed with NHS boards as part of forthcoming discussions around their respective action plans.

NHS Waiting Times

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive whether, in NHS boards with waiting times over 26 weeks, it will authorise the use of the private sector for any patients whose needs cannot be met by either their own NHS board or by the Golden Jubilee National Hospital.

Nicola Sturgeon: We have made it clear that the Scottish Government will invest in the NHS in Scotland to ensure patients get rapid access to high quality care. We have no intention of investing or expanding the private health care sector, but are content for NHS boards to make use of independent sector hospitals to help address short-term capacity issues and to ensure that NHS patients are treated quickly.

National Conversation

John Park (Mid Scotland and Fife) (Lab): To ask the Scottish Executive how many requests for printed copies of Choosing Scotland’s Future: A National Conversation have been received from (a) individuals and (b) organisations.

Nicola Sturgeon: The Scottish Government distributed over 3,000 hard copies of Choosing Scotland’s Future: A National Conversation to all key stakeholders and public libraries following the launch of the white paper. In addition, a number of hard copies have been distributed internally within the government for use by policy officials with their stakeholders as appropriate.

  Copies are available to buy at Blackwell’s bookshops, the official distributor to the government, at a cost of £10. Alternatively, the paper can be downloaded for free from the government’s national conversation website. Any requests received for copies have been directed to Blackwell’s and the website. As a consequence of this approach, we do not hold figures on the total number of requests received, either by individuals or organisations.

Police

George Foulkes (Lothians) (Lab): To ask the Scottish Executive how much police time would be freed up if police officers were no longer required to undertake roadside checks, as reported in Scotland on Sunday on 30 December 2007.

George Foulkes (Lothians) (Lab): To ask the Scottish Executive how many equivalent police officer posts would be created if police officers were no longer required to undertake roadside checks, as reported in Scotland on Sunday on 30 December 2007.

Kenny MacAskill: Although precise estimates are not available, VOSA (Vehicle and Operator Services Agency) Area Managers have indicated that over 1,100 police officer days would be saved if police officers were no longer required to undertake roadside checks in Scotland, as is already the case in England and Wales.

Sentencing of Offences Aggravated by Prejudice (Scotland) Bill

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive whether it will support the proposed Sentencing of Offences Aggravated by Prejudice (Scotland) Bill.

Kenny MacAskill: Living in safe and strong communities is an essential part of the Scottish Government’s positive vision for Scotland. For too many people that vision is blurred by the fear of crime and intolerance.

  While good government needs a clear vision it must also deal decisively with immediate problems. To do otherwise would compromise public safety. I can therefore confirm the Scottish Government’s support for the proposed Sentencing of Offences Aggravated by Prejudice (Scotland) Bill. This will extend statutory aggravations to cover crimes motivated by malice or ill will towards victims based on their sexual orientation, transgender identity or disability.

  No one in Scotland should be targeted or victimised because of their sexual orientation, transgender identity or disability. Our clear aim is to prevent and deter crime but where crime does happen we must send a clear signal that it will not be tolerated.